Murugesan.V v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P(MD)Nos.1799 and 1801 of 2024 V.Murugesan ... Petitioner -VsThe Commissioner, Theni - Allinagaram Municipality, Theni District.

... Respondent PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the public auction notice issued by the respondent vide his proceeding in Na.Ka.No.1123/2023/A3 dated 02.01.2024 and quash the part of the same insofar as the auction of two wheeler parking lot at the Karnal John Pennycuick Bus Stand Ground Floor Main Block (North), Theni is concerned as illegal and further to direct the respondent to extend the lease given to the petitioner by the respondent vide his proceeding in Na.Ka.No.1146/2020/A3 dated 12.02.2021 to run the two Wheeler parking lot at the Karnal John Pennycuick Bus Stand Ground Floor Main Block (North), Theni, for a further period of one year. 1/5

For Petitioner : Mr.A.Jayaramachandran For Respondent : Mr.G.Kaleeswaran

ORDER

This writ petition is filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the public auction notice issued by the respondent vide his proceeding in Na.Ka.No. 1123/2023/A3 dated 02.01.2024 and quash the part of the same insofar as the auction of two wheeler parking lot at the Karnal John Pennycuick Bus Stand Ground Floor Main Block (North), Theni is concerned as illegal and further to direct the respondent to extend the lease given to the petitioner by the respondent vide his proceeding in Na.Ka.No.1146/2020/A3 dated 12.02.2021 to run the two Wheeler parking lot at the Karnal John Pennycuick Bus Stand Ground Floor Main Block (North), Theni, for a further period of one year.

2. Heard Mr.A.Jayaramachandran, learned counsel for the petitioner and Mr.G.Kaleeswaran, learned Standing Counsel appearing for the respondent. By consent, this Writ Petition itself is taken up for final disposal.

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3. The learned counsel appearing for the petitioner would submit that though this Writ Petition has been filed praying for a larger relief, it would be suffice if the representation of the petitioner dated 24.01.2021 is disposed of on merits and in accordance with law within the time stipulated by this Court.

4. The learned Standing Counsel appearing for the respondent would submit that the representation of the petitioner will be considered, on merits and in accordance with law.

5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondent is directed to pass appropriate orders on the representation of the petitioner, dated 24.01.2024, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

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6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 14.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 4/5

V.BHAVANI SUBBAROYAN, J.

skn and W.M.P(MD)Nos.1799 and 1801 of 2024 14.02.2024 5/5